H1b Rfe, filing of I485

h1bsobs

New Member
Gurus @ immigration.com please help.

Filed h1b extension for May '02 thru May '03 in April, Sept got an rfe, Attrny's mistakenly filed for extension till May '04. Rfe (for wrong date) notice says it will take 14 days from the reciept of response. Checked INS website and it states it takes between 30 to 120 days to process this kind of request.

I have my I140 approved and am waiting to go to India and get married before I can file EAD and I485.

Pl. advice, given the situation, should I wait till I get my H1b notice , to file for I485.

Thanks in advance for any advice in this matter.

:confused:
 
You can go ahead and file for EAD and 485. Since you are on H1 your status is protected when 485 is pending.
 
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